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ABOUT THE WEBSITE:
Kickback Clothing provides you with an opportunity to browse and purchase various products which have been listed for sale via the website www.kickbackclothing.com.au by way of granting you access to the website's content. Access to and usage of the website, or any of it's associated Products and Services, is provided by Kickback Clothing. Please read these terms and conditions carefully. By using, browsing and/or reading the website, this signifies that you have read, understood and agree to be bound by the terms and conditions. If you do not agree with these terms and conditions, you must cease usage of the website or any services immediately. Kickback Clothing reserves the right to update and change this page and any of it's containing information at any time in sole discretion. When Kickback Clothing updates these terms and conditions, reasonable endeavours will be used to notify you of any significant changes. Any changes to these terms an conditions take immediate effect from the date of their publication. It is recommended you keep a copy of these terms and conditions for your personal records.
ACCEPTANCE OF THE TERMS AND CONDITIONS:
You accept the terms and conditions by remaining on the website. You may also accept the terms and conditions by clicking to accept or agree to the terms and conditions where this option is made available to you by Kickback Clothing in the user interface.
PURCHASE SERVICES:
In order to access the purchase services and/or register as a user of the website, you may be required to provide personal information about yourself (such as identification or contact details) including email address, mailing address and telephone number. You warrant that any information provided to Kickback Clothing will always be accurate, correct and up to date. You are not allowed to use the purchase services if you are a person barred from receiving purchase services under the laws of Australia or other countries including the country in which or are resident or from where you use the purchase services.
PAYMENT AND RETURNS POLICY:
In using the purchase services to purchase the product, you will agree to the payment of the purchase price listed for the product on the website. Payment for the product may be made by PayPal, Square (the 'Payment Gateway Provider') or (when items are picked up) via cash or bank transfer. In using the purchase services, you warrant that you have familiarised yourself with, and agree to be bound by the applicable Terms and Conditions of use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the purchase price being confirmed by Kickback Clothing, you will be issued with a receipt to confirm that the payment has been received and Kickback Clothing may retain your purchase details for future use. Kickback Clothing may, at it's sole discretion, provide a refund on the return of the products within 30 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
WARRANTY:
Kickback Clothing products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You may make a claim under this clause for material defects and workmanship in the products within 3 months from the date of purchase. In order to make a warranty claim during the warranty period, you must provide proof of purchase to Kickback Clothing showing the date of purchase of the products, provide a description of the products and the price paid for the products by emailing danakennedy@kickbackclothing.com.au. Where the warranty claim is accepted then Kickback Clothing will, at it's sole discretion, repair or replace any defective products or part thereof with a new or remanufactured equivalent during the warranty period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the warranty claim. the warranty shall be the sole and exclusive warranty granted by Kickback Clothing and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the products to which this warranty relates. All warranties including the warranties of merchantability and fitness for use are limited to the warranty period. The warranty does not apply to any appearance of the supplied products nor to the additional excluded items set forth below nor to any supplied products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been modified or altered in design or construction.
DELIVERY:
You acknowledge that the purchase services offered by Kickback Clothing integrate delivery through the use of third party delivery companies. In providing the purchase services, Kickback Clothing may provide you with a variety of delivery and insurance options offered as part of the delivery services by the delivery service providers. You acknowledge and agree that Kickback Clothing is not the direct provider of these delivery and insurance options and merely facilitates your interaction with the delivery service providers in respect to delivery services. In the event that an item is lost or damaged in the course of the delivery services, Kickback Clothing asks that you contact the delivery service provider directly to request a refund or claim on any insurance options available and contact us by sending an email to danakennedy@kickbackclothing.com.au outlining in what way the products were damaged in transit so we are able to determine if the delivery service provider should be removed from the purchase services.
COPYRIGHT AND INTELLECTUAL PROPERTY:
The website, the purchase services and all of the other related products of Kickback Clothing are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logo, button icons, video, images and software) are owned, controlled and are reserved by Kickback Clothing or its contributors. Kickback Clothing retains all rights, title and interest in and to the website and all related content. Nothing you do on or in relation to the website will transfer to you. You may not, without the prior written permission of Kickback Clothing and the permission of any other relevant rights owners: broadcast, re-publish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose. This prohibition does not extend to any materials on the website which are freely available for re-use or are in the public domain.
PRIVACY:
Kickback Clothing takes your privacy seriously and any information provided through your use of the website and/or purchase services are subject to Kickback Clothing's privacy policy, which is available on our website - www.kickbackclothing.com.au/privacy-policy.
DISCLAIMER:
You acknowledge that Kickback Clothing does not make any terms, conditions, guarantees, warranties or representations whatsoever regarding the products other than provided for pursuant use to these terms and conditions. Kickback Clothing will make every effort to ensure a product is accurately depicted on the website, however, you acknowledge that sizes, colour and packaging may differ from what is displayed on the website. Nothing in these terms or conditions limits or excludes any guarantees, warranties or representations implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause and to the extent permitted by law, all terms, conditions, guarantees, warranties or representations which are not expressly stated in these terms and conditions are excluded. Kickback Clothing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Kickback Clothing's failure to meet an applicable Consumer Guarantee), loss of profit or opportunity or damage to goodwill arising out of or in connection with the purchase services or these terms and conditions. Use of this website and any of it's service is at your own risk. All products on this website are provided to you on an "as is" or "as available" basis.
LIMITATION OF LIABILITY:
Kickback Clothing's total liability arising out of or in connection with the purchase services or these terms and conditions, however arising, including under contract, tort, in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these terms and conditions or where you have not paid the purchase price, then the total liability of Kickback Clothing is the resupply of information or purchase services to you. You expressly understand and agree that Kickback Clothing shall not be liable to you for any direct or indirect loss or damage which may be occurred as a result of using the purchase services or any other services on this website.
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